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HomeMy WebLinkAboutT-2964 - Agreement/Covenant - 6/22/2006 SUBDIVISION AGREEMENT THIS AGREEMENT is made this 6V�day of 194, by and between the City of Fresno, a Municipal Corporation, hereinafter designated and called the "City" , and _ State Savings and Loan Association Drawer D _ Stockton, California 95201 (Address of Subdivider) hereinafter designated and called the "Subdivider" . RECITALS 1 . The Subdivider has presented to the City a certain final map of a proposed subdivision of land located within the corporate limits ,of the City, and known and described as Tract No. 2964 -Z,� �Z a copy of which map is attached to and made a part of this agreement, and said Subdivider has requested the City to accept the dedications delineated and shown on said map for the use and purposes specified thereon, and to otherwise approve said map in order that the same may be recorded, as required by law. 2 . The City requires, as a condition precendent to the acceptance and approval of said map, the dedication .of such streets, highways and public places and easements as are delineated and shown on said map, and deems the same as necessary for the public use , and also requires. that any and all streets delineated and shown on said map shall be improved by the construction- and the installation of the improvements hereinafter specified. 3. Section 12-1012 of the Municipal Code of the City of Fresno requires the Subdivider to enter into this agreement with the City whereby Subdivider agrees to do, perform and complete the work and matters hereinafter in the agreement mentioned and set forth in detail, within the time hereinafter mentioned, in consideration of the acceptance of the offers of dedication by the City of Fresno. vED yj! ev WV COUNCILL. -PD WKE YLE.pTY K �/�i✓Y� DEPUTY AGREEMENT In consideration of the acceptance of the offers of dedication of the streets, highways , public ways, easements and facilities as shown and delineated on said map, and the approval of said map for filing and recording as provided and required by law, it is mutually agreed and understood by and between the Subdivider and the City, and the Sub- divider and the City do hereby mutually agree as follows : 4 . The Subdivider shall perform the work and improve- ments hereinafter specified on or before May 29 19 _, to the satisfaction of the Director of Public Works of the City. 5. The work and improvements, more specifically shown on the attached plans and made a part hereof , shall be done in accordance with the construction standards contained in the City of Fresno Standard Specifications adopted March 5 , 1970 by Resolution No. 70-36, and as amended at the sole cost and expense of the Subdivider including all costs of engineering, inspection and testing as specified in Item 12 . 6 . The work and improvements are as follows : a. Construct all landmarks, monuments and lot corners required to locate land divisions shown on the Final Map. b. All utility systems shall be installed underground. The Subdivider's attention is directed to the installation of street lights in accordance with Resolution No. 68-187 and Resolution No. 78-522 . The Subdivider shall construct a complete under- ground street light system as approved by the Traffic Engineer prior to final acceptance of the subdivision. Height, type, spacing, etc. of standards and luminaires shall be in accordance with Resolution No. 78-522 and shall be approved by the City Traffic Engineer. C. Water main extensions and services shall be pro- vided in accordance with applicable provisions of Chapter 14, Article 1 of the Fresno Municipal Code and all applicable charges shall apply. d. Sanitary sewer extensions and services shall be provided in accordance with applicable provisions of Chapter 9, Article 5 of the Fresno Municipal Code and all applicable charges shall apply. e. Lot drainage shall be in accordance with Section 13-120.2905 (f) of the Fresno Municipal Code. f. Perform and construct all work shown on the attached plans. (City of Fresno Standard Drawings No. 15-C-4551 through 15-C-4558 and Fresno Metropolitan Flood Control District Drawings No. Y-8-1 through Y-8-3) , unless specifically omitted herein. 2 g. As a condition of approval of the Final Map, the Subdivider shall deliver to the City of Fresno a recorded copy of the covenant, condition and restrictions prior to the City's acceptance of the subdivision. h. The Subdivider has deposited with the City the sum of $21,165.05 for the following: 1. Inspection Fees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,628.83 2. Street Trees, 21 @ $ 25.00 . . . . . . . . . . $ 525.00 3. Sanitary Sewer Fees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,359.40 a. Oversize, 11. 80 AC. @ $ 180 .00 . . . . . . . . . . . . . $ 2,124.00 b. Lateral, 323. 54 LF @ $ 10 .00 . . . . . . . . . . . . . $ 3,235. 40 (Note: Major Facilities Fee is to be paid at time of Development) Total Sewer Charges. . . . . . . . . . . $ 5,359.40 4 . Water Charges. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $11,143.83 a. Frontage 1229. 31 LF @ $3. 75. . . . . . $ 4,609. 91 b. Fire -Hydrant Charge 281,189 SF @ $. 0075. . . . . $ 2,108. 92 C. Trans. Grid Plain 11. 80 AC @ $ 375.00 . . . $ 4 ,425.00 Total •later Charges . . . . . $11,143. 83 5. Credits a. Oversize Sewer Fee Credit. . . . . . . . . . . . . . . . ...($ 492.01) Participation in Construction of Oversize Sewer Main in County Improvements District No. 89. TOTAL NET FEES AND CHARGES. . . . . . . . . . . . . . . . . . . . . . .$21,165.05 2A 7. Subdivider has paid to the City of Fresno, in accor- dance with Article 13, Chapter 13 of the Fresno Municipal Code, .the required fee to defray the costs of constructing planned local drainage facilities for the removal of surface and storm waters from the subdivision. B. It is agreed that the City shall inspect all work. All of the work and improvements and materials shall be done, performed and installed in strict accordance with the approved construction plans for said work on file in the Office of the City Engineer of the City and the Standard Specifica- tions of the City, which said plans and specifications and standards are hereby referred to and adopted and made a part of this agreement. In case there are not any standard specifications of the City for any of said work, it is agreed that the same shall be done and performed in accordance with the standards and specifications of the State of California, Division of Highways. All of said work and improvements and materials shall be done, performed and installed under the supervision of and to the satisfaction of the City Engineer of the City. 3 9. Prier to the approval by the Council of said final map the Subdivider shall : In lieu of any bond or bonds required, (a) deliver to the City an instrument of credit in the sum of One Hundred Thirty-One Thousand One Hundred --------- -------------------------- Dollars ($ 131,100. 00 ) (which sum is equal to 95 percent of the total estimated cost of the work and improvement) to insure the faithful performance of this agreement, all as specified in said instrument of credit entitled Performance - Instrument of Credit to Guarantee Subdivision Improvements and hereby made a part of this agreement. (b) deliver to the City an instrument of credit in the sum of Sixty-Nine Thousand ----------Dollars ($ 69,000. 00 ) (which sum is equal to 50 percent of the total estimated cost of the work and improvements) to secure payment to all Contractors performing work on said improvement and all persons renting equipment or furnishing labor or materials to them, all as specified in said instrument of credit entitled Labor and Material - Instrument of Credit to Guarantee Payment of Subdivision Improvements and hereby made a part of this agreement. (c) deliver to the City cash or a certificate of deposit in the amount of Six Thousand Nine Hundred-------------------- -----------------------------Dollars ($ 6,900. 00 ) (which sum is equal to 5 percent of the estimated cost of the work and improve- ment) pursuant to the provisions of Fresno Municipal Code Section 12-1016 (b) . 10. On acceptance of the required work, warranty security shall be furnished to or retained by, the City, in the amount of Four Thousand Three Hundred Eighty ($ 4 , 380. 00 ) for guarantee and warranty of the work for a period of one year following acceptance against any defective work or labor done or defective materials furnished. In accordance with Section 12-1016 of the Fresno Municipal Code, said warranty security shall be in the form of cash or a certificate of deposit. 4 (a) As a part of the obligation of the subdivider and in addition to any and all furnishing for faithful performance of this agreement, the Subdivider agrees that the City shall be entitled to costs and reasonable expenses and fees, including reasonable attorney's fees which may be incurred in effectively enforcing the obligation secured. 4-A j 11. The City shall not be liable to the Subdivider or to any other person, firm or corporation whatsoever, for any injury or damage that may result to any person or property by or from any cause whatsoever in, on or about the sub- division of said land covered by this agreemeht, or any part thereof. The Subdivider hereby releases and agrees to indemnify and save the City harmless from and against any -and all injuries to and deaths of persons, and all claims, demands, costs, loss, damage and liability, howsoever same may be caused, resulting directly or indirectly from the performance of any or all work to be done in and upon the street rights of way in said subdivision and upon the premises adjacent thereto pursuant to this agreement, and also from all injuries to and deaths of persons, and all claims, demands, costs loss, damage and liability, howsoever same may be caused, either directly or indirectly made or suffered by the Subdivider, the Subdivider's agents, employees and subcontractors, while engaged in the performance of said work. The Subdivider further agrees that the use for any purpose and by any person of any and all of the streets and improvements hereinbefore specified, shall be at the sole and exclusive risk of the Subdivider at all times prior to final acceptance by the City of the completed street and other improvements thereon and therein. 12. The Subdivider shall remedy any defective work or labor or any defective materials and pay for any damage to other work resulting therefrom which shall occur within a period of one year from the date of acceptance of the work. 13. No occupancy permit shall be issued until an approved "all weather" street frontage and access is constructed. The issuance of any occupancy permits by the City for dwellings . located within said subdivision shall not be construed in any manner to constitute an acceptance and approval of any or all of the streets and improvements in said subdivision. 5 15. Initial compaction and soil tests for street , sewer, and other work within the public right of way shall be ordered by and paid for by the City of Fresno. Sewer and utility trench tests shall be taken in varying locations and depths as required by the Engineer. Compaction tests failing to meet the City's requirements, shall be reordered by the City of Fresno from the same testing laboratory. Billing for the re- quired retests shall be made directly to the Subdivider or his agent for payment. Compaction test for water facilities in- stalled by the City of Fresno shall be paid for by the City of Fresno. 16 . The Subdivider shall comply with Street, Plumbing, Building, Electrical , Zoning Codes and any other Codes of the City. 17. It shall be the responsibility of the Subidivder to coordinate all work done by his contractors and subcontractors, such as scheduling the sequence of operations and the deter- mination of liability if one operation delays another. In no case shall representatives of the City of Fresno be placed in the position of making decisions that are the responsibility of the Subdivider. It shall further be the responsibility of the Subdivider to give the Engineer written notice not less than two (2) working days in advance of the actual date on which work is to be started. Failure on the part of the Sub- divider to notify 'the Engineer may cause delay for which the Subdivider shall be solely responsible. 18. Whenever the Subdivider varies the period during which work is carried on each day, he shall give due notice to the Engineer so that proper inspection may be provided. Any work done in the absence of the Engineer will be subject to rejection. The inspection of the work shall not relieve the Subdivider of any of his obligations to fulfill the agreement as prescribed. Defective work shall be made good, and un- suitable materials may be rejected, notwithstanding the fact that such defective work and unsuitable materials have been previously overlooked by the Engineer or Inspector and accepted. 6 19. Any damage to the sewer system, concrete work or street paving that occurs after installation shall be made good to the satisfaction of the City Engineer by the subdivider before release of bond, or final acceptance of completed work. ; 20 _ Adequate dust control shall be maintained by the Subdivider 'on all streets within and without the subdivision on which work is required to be done under this agreement, from the time work is first commenced in the subdivision until the paving of the streets is completed. "Adequate dust control" , as used herein, shall mean the sprinkling of the streets with water, or the laying of a dust coat of oil thereon, with suffi- cient frequency to prevent the scattering of dust , by wind or the activity of vehicles and equipment, on to any street area .or private property adjacent to the subdivision. Whenever, in the opinion of the City Engineer, adequate dust control is not being maintained on any street or streets as required by this paragraph, the City Engineer shall give notice to the Sub- divider to comply with the provisions of this paragraph forth- with. Such notice may be personally served upon the Sub- divider, or, if the Subdivider is not. an individual , upon any person who has signed this agreement on behalf of the Sub- divider, or, at the election of the City Engineer, such notice may be mailed to the Subdivider at his address on file with the City Engineer. If, within 24 hours after such personal service .of such notice or within 48 hours after the mailing thereof as herein provided, the Subdivider shall not have commenced to maintain adequate dust control or shall at any time there- after fail to maintain adequate dust control , the City Engineer may, without further notice of any kind, cause any such street. or streets to be sprinkled or oiled, as he may deem advisable to eliminate the scattering of dust , by equipment and personnel of the City or by contract as the City Engineer shall determine, and the Subdivider agrees to pay to City, forthwith upon receipt of billing therefore , the entire cost to the City of such sprinkling or oiling. When the surfacing on any existing 7 street is disturbed, this surfacing shall be replaced with . temporary or permanent surfacing within 14 calendar days and the roadway shall be maintained in a safe and passable con- dition at all times between the commencement and final com- pletion and adequate dust control shall be maintained during these operations. 21. The Subdivider shall install all street improvements in accordance with Section 12-1012 of the Municipal Code of the City of Fresno and the construction plans. 22. Concrete curbs and gutters, the sanitary sewer system and house connections together with water mains, gas mains and their respective service connections shall be completed in the streets and alleys before starting the street and alley surfacing. 23. Time is of the essence of this agreement, and the same shall bind and inure to the benefit of the parties hereto, their successors and assigns. 24. No assignment of this agreement or of any duty or obligation of performance hereunder shall be made in whole or in part by the Subdivider without the written consent of the City. The parties have executed this agreement on the day and year first above written. CITY OF FRES , a icip Corporation ATTEST: By PubliAjiorlfs irector JACQULINE L. RYLE CITY C>L RK BY: G�� SUBDIVIDER: Deputy s '_�AVINGS AND LO ASSOCIATION fI APPROVED AS TO FORM: Thomas welch JAMES A. McKELVEY Senior Vice President City Attorney By SUBDIVIDER Title ttach Notary acknowledgment 8 PERFORMANCE INSTRUMENT OF CREDIT TO CEE SUBDIVISION IMPROVEMENTS ?.M.C. Section 12-1016) a instrument of Credit, wherein the undersigned, n Association (Drawer D, Stockton, Ca. 95201) , being a financial institution which is subject to regulation by the State or Federal government hereby pledges that funds in the amount of One Hundred Thirty-One Thousand One Hundred Dollars -------------- ($ 1314100. 00 ) are credited to the account of State Savings and Loan Association , and are trust funds for the purpose of guaranteeing to the City of Fresno the performance of all required improvements in that certain Subdivision known as Tract No. 2964 in accordance with the subdivision agreement therefore between the .undersigned and the City of Fresno dated , p•P�G .'70,/.moo • a copy of which is attached hereto and made a part hereof together with any subsequent amended agreement for the performance of any changes or alterations in such work provided such changes or altera- tions do not exceed 10% of the original estimated cost of the improve- ment. In the event said improvements are not completed within the time specified in the attached subdivision agreement or any extension thereof, State Savings and Loan Association is hereby directed to pay the entire portion of said deposit or any part thereof over to the City of Fresno upon its demand therefore for the purpose of completing or contributing to the completion of said improvements. Such demand may be executed by the Director of Public Works of said City and shall be conclusive as to the incompletion of said improvements and the correct amount to be paid to the City, and State Savings and Loan Association's compliance therewith shall be without recourse of the undersigned Subdivider. Upon completion of such improvements and acceptance thereof by the Director of Public Works of the City of Fresno any portion of said funds remaining shall be returned to the undersigned Subdivider or his assignee. The funds hereinabove referred to shall constitute an irrevocable trust for the benefit of the undersigned Subdivider and the City of Fresno and may be modified or revoked only with the consent of both the undersigned and said City. The undersigned agree to pay all: expenses in connection herewith, including costs and reasonable expenses and fees, including reasonable attorney 's fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgement rendered. The undersigned financial institution hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations , and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agree- ment or to the work or to the specifications. The undersigned agree that any and all legal proceedings to enforce the provisions of this instrument of credit shall be instituted and maintained in any court of competent jurisdiction in the County of Fresno, State of California. DATED: W.-AO20 Approval is hereby given to the foregoing instrument THE UNDERSIGNED FINANCIAL INSTITUTION of credit hereby agrees to all the terms and conditions of the foregoing instrument CITY OF FRESNO of credit and agrees to bound thereby. DIREC F BL IC WORKS By State avings and Loa Asswiation Name nanci l In ti%.. tion) Title Z*-Irllr By . _. (Authorized Agent) APPROVED AS TO FORM: The undersigned Subdivider hereby agrees to all the terms and conditions J,AMES A. McKELVEY of the foregoing instrument of credit City ttor5-1ney and releases the Financial Institution executing said instrument of credit By from all liability except as therein specifically setfo th. Title- State vings and oan Association INamg o Subdivide By Senior Vice President Title Real Fatate TnvectmentS DV:jt 10/3/77 LABOR & MATERIAL INSTRUMENT OF CREDIT TO GUARANTEE PAYMENT OF SUBDIVISION IMPROVEMENTS (F.M.C. Section 12-1016) THIS AGREEMENT, an Instrument of Credit, wherein the undersigned, State Savings - and Loan Association Drawer D, Stockton, California 95201 being a financial institution which is subject to regulation by the State or Federal government hereby pledges that funds in the amount of Sixty-Nine Thousand dollars --------------- ($ 69, 000. 00 ) are credited to the account of State Savings ,. and Loan Association and are trust funds for the purpose of guaranteeing to contractors, subcontractors, and to persons renting equipment or furnishing labor and materials to them, payment for all required improvements in that certain sub- division known as Tract No. 2964 , in accordance with an agreement therefore , by the undersigned and the City of Fresno, dated 00'ele '$D, � U a copy of which is attached hereto and made a part hereof; that said funds represents fifty percent (50%) of the esti- mated cost of the improvement. .State Savings and Loan Association will hold said funds until such time as a certificate authorizing their re- lease is ,executed by the Director of Public Works and delivered to State Savings and Loan Association Said release shall be executed not less than six months after the completion and acceptance of the work. In the event claims are made , an action filed and notice hereof given in writing to the City of Fresno within said six months period, the security shall not be reduced in an amount less than the total of such claims. That in the event a special assessment district is formed, and a Labor and Materials Bond filed , the City .may reduce the improvement security provided herein in an amount corresponding - 1 - P • n a. .•y T.,i',; �•w.--i i ` s .y�,ZT �-..7.-iti�.4T��.1� :"r'. .r.�:y f::� "1_ r ' '-.1-' -_ rr�y!79t1.,L-rx�'���.��.�t: .v�.7`.`: to the amount of bonds furnished by the contractor. DATED: Approval is hereby given The Undersigned Financial Institution 4 to the foregoing instrument hereby agrees to all the terms and of credit. conditions of the foregoing , instrument of credit and agrees CITY OFF "SN to be bound thereby. DIRECTO O PUB WO S - �an By State Savings and A5 3o-Ciation (Name i.nancial I . itu�i�•i) Title B (Authorized Agent The undersigned Subdivider hereby APPROVED AS TO FORM: agrees to all the terms and con- ditions of the foregoing instrument of credit and releases the Financial City At r Institution executing said instrument of credit from all liability except By as therein specifically set forth Title State Savings and Apan Association (Name f Subdivider) \Byj — T omas We c Title Senior Vice President, Real fEstate -=ZTtti'�StlRGllt9--- DV:ld 2/28/77 - 2 ��w -�. T. ,. -.. a :k � 4:Y,it7„f:.i►r[�'�+i�-r,�i���•w "�r'1\�� iw+l+V'/in.�M•,:r•�.rT.r"s�rr� i '.2� � r .. , � ,-[V •�: ..